EFF Challenges AfriForum’s Crimen Injuria Prosecution Against Julius Malema
- The EFF defended Julius Malema after the NPA decided to prosecute him for crimen injuria over comments linked to the CweCwe rape case
- AfriForum's Private Prosecution Unit is pursuing criminal proceedings against Malema and ANC secretary-general Fikile Mbalula over the remarks
- The EFF raised questions about the DNA investigation, claiming former Bergview College principal Jaco Pieterse was the only person who declined to provide a voluntary sample
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Source: UGC
SOUTH AFRICA — The Economic Freedom Fighters has come out in defence of its leader Julius Malema following the National Prosecuting Authority's decision to charge him with crimen injuria over statements he made in connection with the alleged rape of a seven-year-old girl known as CweCwe.
Malema's comments centred on former Bergview College principal Jaco Pieterse, who was publicly linked to the allegations by several politicians and public figures. Pieterse subsequently laid criminal complaints against Malema, ANC secretary-general Fikile Mbalula and Eastern Cape Education MEC Fundile Gade.
AfriForum pursues Malema
AfriForum's Private Prosecution Unit is driving criminal proceedings against both Malemaarguing that his remarks damaged Pieterse's dignity even where he was not named directly, on the basis that the statements could reasonably be understood as referring to him.
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The EFF, however, maintained that Malema's words should be read in their political context.
"His remarks were a political statement of outrage on behalf of a child and a grieving family, not a legal pronouncement," the party said.
The case has its roots in the NPA's May 2025 resolution not to prosecute anyone over the alleged rape. The authority cited insufficient evidence following a medical examination and interview with the child.
EFF questions DNA collection process
The party also directed attention at the police investigation, specifically the voluntary collection of DNA samples from three individuals. According to the EFF, Pieterse was the only person among them who declined to submit a sample. The party questioned why an adult would refuse to cooperate in a matter involving allegations of sexual violence against a child, arguing that a child's rights should not be subordinated to the reputational concerns of an adult.
The EFF also disclosed that it had filed a complaint with the South African Human Rights Commission in June 2025 over public statements claiming CweCwe "was not raped", which it said were made before the investigation had concluded. The party criticised AfriForum for its involvement in the matter, as well as the conduct of the SAPS and NPA throughout the case.
On the family's position, the EFF said CweCwe's relatives were at an advanced stage of pursuing a private prosecution and that its legal team had already obtained a copy of the docket.
No criminal conviction has been secured in connection with the underlying allegations against Pieterse.
Afriforum lays charges against Fikile Mbalula
Briefly News also reported that Afriforum has also laid criminal charges against ANC Secretary General Fikile Mbalula. This, according to Afriforum is after publicly branding former Bergview College principal Jaco Pieterse a child rapist. Advocate Gerrie Nel from AfriForum's Private Prosecution Unit confirmed the news on 21 September 2026 during a special media briefing. The development makes Mbalula the second high-profile politician to be referred for prosecution over comments linked to the CweCwe rape case.
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Source: Briefly News
